People v. Bixby

Appellate Division of the Supreme Court of New York

People v. Bixby

100 A.D.2d 736, 473 N.Y.S.2d 640, 1984 N.Y. App. Div. LEXIS 17735

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 6, 1984

StatusPublished

This text of 100 A.D.2d 736 (People v. Bixby) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Bixby, 100 A.D.2d 736, 473 N.Y.S.2d 640, 1984 N.Y. App. Div. LEXIS 17735 (N.Y. Ct. App. 1984).

Pincite

Opinion

Judgment, insofar as it imposes sentence, unanimously modified, as a matter of discretion in the interest of justice, in accordance with memorandum and, as modified, affirmed. Memorandum: Defendant’s prior criminal history is inconsequential and consists of two misdemeanors described by his probation officer as “a matter of poor judgment rather than flagrant violations of the law.” His instant conviction which led to a sentence of probation was for a nonviolent crime involving no threat to human life. Under the circumstances, sentence of a definite term of one year is an appropriate penalty for defendant’s violation of his probation. (Appeal from judgment of Steuben County Court, Purple, J. — violation of probation.) Present — Hancock, Jr., J. P., Doerr, O’Donnell, Moule and Schnepp, JJ.

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Judgment, insofar as it imposes sentence, unanimously modified, as a matter of discretion in the interest of justice, in accordance with memorandum and, as modified, affirmed. Memorandum: Defendant’s prior criminal history is inconsequential and consists of two misdemeanors described by his probation officer as “a matter of poor judgment rather than flagrant violations of the law.” His instant conviction which led to a sentence of probation was for a nonviolent crime involving no threat to human life. Under the circumstances, sentence of a definite term of one year is an appropriate penalty for defendant’s violation of his probation. (Appeal from judgment of Steuben County Court, Purple, J. — violation of probation.) Present — Hancock, Jr., J. P., Doerr, O’Donnell, Moule and Schnepp, JJ.

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Bluebook (online)

100 A.D.2d 736, 473 N.Y.S.2d 640, 1984 N.Y. App. Div. LEXIS 17735, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bixby-nyappdiv-1984.